Mike Pence and the Indiana General Assembly have a way to mitigate this mess they’ve created with the Religious Freedom Reformation Act. They need to add sexual orientation to the list of protected classes recognized by the state.
Membership in a protected class prohibits employers, supervisors and others from discriminating against people in that class. Laws about protected classes can also pertain to some non-employment situations such as applying for housing.
Pence, who unfortunately backed out of his commitment to come to Bloomington today, has said this is not on his agenda. If he wants to protect the state from potentially huge economic harm, as well as a cultural black eye, he should reconsider that knee-jerk reaction. Or he and lawmakers could stand their ground and continue exposing Indiana to withering criticism that can lead to real harm.
He and the Legislature could align Indiana with Illinois, Connecticut, New Mexico and Rhode Island, four states that have passed a version of RFRA but also protect sexual orientation and gender identity from discrimination by state statute. That would send a signal that they are being sincere when they say Indiana’s new law is about religious freedom and not a reaction to progress made toward equality for gays and lesbians.
Indiana currently recognizes the federal categories for protection from discrimination: race, color, national origin, sex, disability, citizenship status and genetic information. It has added three things for which employers cannot discriminate: ancestry, sealed or expunged conviction record or off-duty tobacco use.
If the General Assembly, with Pence’s urging, would give as much protection from discrimination to those of same-sex orientation as they do to people who want to smoke on their own time, maybe this new law wouldn’t be causing the outcry and ridicule it is.
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